TOMAS MIJATOVIC

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

A WA legal practitioner was found guilty of three counts of professional/unprofessional conduct arising from his handling of a family law property settlement client: (1) improperly advancing his own interests over the client's regarding costs, including dishonestly concealing a prejudicial second costs agreement; (2) gross overcharging (billing $22,000 where a Registrar assessed a reasonable fee at ~$5,500), including a dishonest charge for attending a social birthday function and reliance on fabricated records; and (3) improperly writing to a court Registrar during a taxation with critical allegations, without notice or copy to the other side. The Tribunal made express findings of dishonesty. It transmitted a report to the Supreme Court (full bench) recommending the practitioner be struck off, suspended him pending that determination, and ordered him to pay the Committee's agreed costs of $71,071.58.

Duties found breached:

• No improper communication with the court
• Personal probity and fitness to practise
• No conflict between current clients
• No improper solicitation or touting

Aggravating factors:

• Vulnerability of the client (limited English, inexperienced with lawyers, trusting and dependent on the practitioner)
• Express findings of dishonesty - concealing terms of the costs agreement and dishonestly charging for a social birthday function
• Fabrication/backdating of file records and timesheets to justify charges
• Invented instructions to appeal to generate further chargeable work
• Complete lack of remorse, contrition or insight, maintaining he 'ought to have been commended not chastised'
• Aggressive cross-examination of the elderly client causing her distress
• Continuing failure to appreciate professional responsibilities from the events through to closing submissions

Mitigating factors:

• Approximately 14 years in practice with no other relevant finding of misconduct
• Favourable references from two clients as to effectiveness and cost efficiency
• Some voluntary legal advice services and membership of legal committees
• Community and football administration involvement
• Personal circumstances - responsibility for wife, young family and elderly parent, substantial mortgage, no other income-producing skills
• Offer of undertakings regarding future costs agreements (given little weight)